Mahwah City Zoning Code
§ 24-4.30
MUD-2 Mixed-Use Development 2.
[Amended 10-15-2020 by Ord. No. 1916; 3-10-2022 by Ord. No. 1958]
a.
Purpose. The Mixed-Use Development Zone is intended to develop an underutilized site by constructing a mixed-use development that simultaneously provides credits towards the Township's affordable housing obligation. The zone will have three distinct areas. The first would be a hotel/office area. The second would be a multi-family area that may include some commercial space. The third would be a commercial area. The MUD-2 Zone regulations are intended to capitalize on the zone's unique location.
b.
Permitted Uses.
1.
Office park uses on a minimum of thirty (30) acres, as further defined in paragraph c1 below.
2.
Business/retail/industrial uses on a minimum of thirty (30) acres as further defined in paragraph d1 below.
3.
Mixed-use inclusionary residential development uses on a minimum of 58 acres, as further defined in paragraph e1 below.
4.
It should be noted that as long as the above acreage requirements are met in total, subdivisions creating smaller lot sizes are permissible.
c.
Office park use standards and regulations.
1.
Principal, conditional, and accessory uses shall be limited to those listed for the OP200 Zone.
2.
Area, bulk, and yard standards shall be as follows:
(a)
Maximum improved lot coverage — sixty (60%) percent.
(b)
Maximum lot coverage — thirty (30%) percent.
(c)
Maximum building height — three hundred (300') feet and twenty-five (25') stories.
(d)
Minimum front, side and rear yard building setback — fifty (50') feet, which shall be measured from the development area boundary and not the true lot line.
d.
Business/retail/industrial use standards and regulations.
1.
Principal uses shall include the following:
(b)
Big box retail. For the purposes of the MUD-2 zone, big box retail shall mean single-retail establishment having no less than one hundred thousand (100,000) square feet of gross floor area. Business may have supplemental in-store services including but not limited to medical offices, vision centers, and snack bars. A big box retail facility shall not include an exterior fuel dispensing station or auto service and repair. This does not include tire changes.
(c)
Industrial uses, which includes all principally-permitted uses within the IP 120 and warehouses. This shall exclude Major Potential Pollutant Sources, § 24-10.2 g1, and Minor Potential Pollutant Sources, § 24-10.2 g2.
(1)
For the purposes of the MUD-2 zone, a warehouse shall mean a building used, by one or more tenants, primarily for the storage of goods and materials. A warehouse may include an office component, which does not exceed fifteen (15%) percent of the building's total floor area.
4.
Area, Bulk and Yard Requirements.
(a)
Bulk requirements shall be measured from the development area boundary and not the true lot line.
(b)
Development shall include new rights-of-way, either public or private, for building access and site circulation.
(c)
Buildings shall be set back from one another a minimum of fifty (50') feet from all building facades.
(d)
Buildings shall be set back a minimum of fifteen (15') feet from parking areas. This requirement does not apply to driveways, loading areas or service bays.
(e)
Buildings shall be set back a minimum of fifty (50') feet from the development area boundary.
(f)
No parking shall be permitted within twenty (20') feet of a lot line.
(g)
Bulk and yard requirements for big box retail and industrial uses shall be as follows:
(1)
The maximum improved lot coverage shall be eighty (80%) percent.
(2)
The maximum lot coverage shall be forty (40%) percent.
(3)
The maximum building height shall be forty-five (45') feet and two (2) stories.
(4)
In accordance with § 24-3.2 g, bulk and other requirements shall be measured from the development area boundary and not the true lot line.
(5)
Buildings shall be set back a minimum of fifty (50') feet from the development area boundary.
(6)
No parking shall be permitted within fifty (50') feet of a lot line.
5.
Affordable Housing. Projects must comply with the State-wide Non-residential Fee Act.
6.
Circulation and Off-Street Parking Requirements.
(a)
Off-Street Parking and Loading facilities and standards shall be in accordance with Off-Street Parking and Loading, § 24-3.7. However, warehouses shall provide one (1) parking space for every one thousand (1,000) square feet. Office space within a warehouse shall provide one (1) parking space for every two hundred and fifty (250) square feet. Big box retail shall provide one (1) parking space for every two hundred and fifty (250) square feet.
(b)
All parking spaces shall measure no less than nine (9') feet in width by eighteen (18') feet in length, however, retail and big box retail shall provide spaces that measure ten (10') feet in width by twenty (20') feet in length.
(c)
All lighting for off-street parking areas shall be so arranged and shielded as to reflect the light downward and prevent any light from shining directly on adjoining streets, residential zones and residential uses.
(d)
Parking lot lighting shall provide a maintained minimum average of one-half (0.5) footcandles.
(e)
Within surface parking lots one (1) landscape island shall be provided for every twenty (20) parking spaces. Said landscape island shall contain a minimum of one hundred sixty (160) square feet. At least half of the landscape islands shall contain a shade tree and other landscaping; the remainder shall contain shrubs.
(f)
Right-of-Way Requirements.
(1)
The right-of-way and pavement widths of all internal streets, roads and vehicle-traveled ways, whether public or private, shall be determined from sound planning and engineering standards in conformity to the estimated needs of the full proposed development and the traffic to be generated thereby. They shall be adequate in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of fire-fighting and police vehicles.
(2)
Sidewalks shall be required along all streets and roads, whether dedicated public streets or privately owned and maintained, or any combination thereof. Sidewalks shall have a minimum width of four (4) feet.
(3)
All streets and roads, either dedicated public streets or privately owned and maintained, or any combination thereof, shall be subject to all Township ordinances as well as the laws of the State of New Jersey with regard to construction. The developer's private internal road network shall comply with RSIS.
(4)
The Board shall be guided by the following criteria of street grades but shall have the authority to modify same where exceptional circumstances warrant: six (6%) percent for major and arterial streets and ten (10%) percent for collector and local streets. Exceptions to these limitations shall be made after review and written approval by the Township Engineer and Planning Consultant.
(5)
When deemed necessary by the Board, the applicant shall provide a continuous street circulation system with adjoining land areas.
(6)
Where an Official Map or Master Plan, or both, have been adopted, the proposed street system shall conform to the proposals and conditions shown thereon except as may be modified by the Board or governing body, as provided by law.
7.
Building Design for Retail and Big Box Retail uses.
(a)
Buildings are encouraged to incorporate such building elements as entrances, corners, graphic panels, display windows, etc., as a means to provide a visually attractive environment.
(b)
A "human scale" of development should be achieved at grade and along street frontages through the use of such elements as windows, doors, columns, awnings and canopies.
(c)
Multi-tenant buildings shall provide varied storefronts and such elements as noted above for all ground floor tenants.
(d)
Design emphasis should be placed on primary building entrances. They should be vertical in character, particularly when there is the need to provide contrast with a long linear building footprint and such details as piers, columns, and framing should be utilized to reinforce verticality.
(e)
The architectural treatment of a facade shall be completely continued around all street-facing facades of a building. All sides of a building shall be architecturally designed to be consistent regarding style, materials, colors and details.
(f)
If the building has a flat roof, a parapet shall project vertically to hide any roof-mounted mechanical equipment.
(g)
A variety of materials may be appropriate. Masonry, which works well at the base of a building, can vary in size, color and texture and enables the provision of a decorative pattern or bend.
(h)
The use of fabric or metal canopies is to be encouraged, especially over storefronts, at entrances, or over display windows.
(i)
Integration of large-scale graphics into the facade, where appropriate, is encouraged. Logos and trademarks shall be considered signage for the purposes of this ordinance.
(j)
Outdoor dumpsters shall be enclosed with a six (6') foot high wood fence or masonry wall.
8.
Landscaping.
(a)
All landscaping is subject to compliance with the Township's Landscaping and Buffer requirements, § 22-6.5.
(b)
Landscaping shall be provided to promote a desirable visual environment, to accentuate building design, define entranceways, screen parking areas, mitigate adverse visual impacts, provide windbreaks for winter winds and summer cooling for buildings, and enhance buffer areas. Plants and other landscaping materials shall be selected in terms of aesthetic and functional considerations. The landscape design shall create visual diversity and contrast through variation in size, shape, texture and color. The selection of plants in terms of susceptibility to disease and insect damage, wind and ice damage, habitat, soil conditions, growth rate, longevity, root pattern, maintenance requirements, etc., shall be considered.
(c)
Site entrances and unique areas shall have special landscaping treatment. Flowerbed displays are encouraged.
(d)
A minimum of thirty (30%) percent of the plantings proposed shall be indigenous to the region.
(e)
Foundation plantings shall be provided at all buildings. These plantings shall include species that provide seasonal interest at varying heights to complement and provide pedestrian scale to the proposed architectural design of the buildings. The foundation planting shall incorporate evergreen shrubs and groupings of small trees in order to provide human scale to building facades and winter interest.
e.
Mixed-use inclusionary residential development standards and regulations.
1.
Permitted uses within the mixed uses area shall include the following:
(a)
Multi-family residential buildings, however, a minimum of two hundred (200) and a maximum of two hundred sixteen (216) of the units shall be age-restricted. Age-restricted units shall have a head of household with a minimum age of fifty-five (55) years old, subject to compliance with federal law, except that no more than two (2) age-restricted residential units may be occupied by employees of the developer or the operating entity for the development, who are employed as superintendents for the development and members of their household under the age of 18 who reside in the development.
2.
Conditionally permitted uses within the mixed uses area include mixed-use multi-family residential buildings, subject to the following conditions:
(a)
Non-residential uses shall be limited to the B200 Zone permitted uses.
(b)
For each ten thousand (10,000) gross square feet of non-residential space, one additional acre shall be added to the required minimum lot size.
(c)
A maximum of seventy-five thousand (75,000) square feet of non-residential space shall be provided.
(d)
Non-residential space is limited to the first floor.
3.
Accessory uses permitted within the mixed uses area include:
(a)
Parks, playgrounds, open space, dog parks, and tenant recreation facilities including but not limited to clubhouses, swimming pools and tennis courts, subject to 24-3.6. This is a requirement per § 24-4.30 e5 below.
(d)
Leasing and maintenance offices to support residential use.
(e)
Community rooms and amenity spaces for the use of building owners and/or tenants.
4.
Area, Bulk and Yard Requirements.
(a)
The maximum improved lot coverage shall be sixty-five (65%) percent.
(b)
The maximum lot coverage shall be thirty-five (35%) percent.
(c)
The maximum building height shall be sixty five (65') feet and five (5) stories. This is limited to four residential floors over one floor of parking. Or in the case of the conditionally-permitted use, four (4) residential floors over one floor of nonresidential.
(d)
More than one (1) structure shall be permitted on a single tract.
(e)
In accordance with § 24-3.2 g, bulk and other requirements shall be measured from the development area boundary and not the true lot line.
(f)
Development shall include new rights-of-way, either public or private, for building access and site circulation.
(g)
Setbacks.
(1)
Buildings shall be set back a minimum of fifteen (15') feet from driveways and parking areas. This requirement does not include access drives into buildings.
(2)
Buildings shall be set back from one (1) another a minimum of fifty (50') feet from all building facades.
(3)
Buildings shall be set back a minimum of fifty (50') from the development area boundary.
(4)
No parking shall be permitted within fifty (50') of a lot line.
(h)
Density. Maximum density shall not exceed fourteen (14) units per acre, based on a minimum of fifty-eight (58) acres within the area. In no instance shall the total number of units exceed eight hundred (800).
(i)
Buffer Areas and Landscaping.
(1)
Buffer provisions of § 24-5.6 apply. Such buffer zone shall be kept in its natural state where wooded; and when natural vegetation is sparse or nonexistent, the landowner may be required to provide a year-round visual screen as determined by the Board.
(2)
No use or structure, including parking or loading areas, shall be permitted within the required buffer area, but the Board may, upon a finding of reasons therefor, permit a portion of a buffer area to be used for utility easements or streets to ensure access to or from adjacent property.
(3)
The area shall provide a minimum of twenty (20) acres of open space within the acreage requirement running parallel to the Ramapo River.
5.
Amenities. In accordance with the permitted accessory uses, recreational space is permitted, and shall be herein required as follows. Applicant must provide a minimum six thousand (6,000) square foot clubhouse(s) and two thousand (2,000) square foot pool for the use of residents and their guests. By the time a final certificate of occupancy is issued for the one hundredth (100th) residential unit, the developer shall construct four thousand (4,000) square feet of clubhouse space. The remaining two thousand (2,000) square feet of clubhouse space and the pool shall be constructed by the time a certificate of occupancy is issued for the three hundredth (300th) residential unit.
6.
7.
Affordable Housing.
(a)
Fifteen (15%) percent of the total residential units shall be reserved for, and affordable to, low and moderate income households. The units shall be rental and meet the low/moderate income split required by the Uniform Housing Affordability Controls and provide at least thirteen (13%) percent of the units as very-low income units within each bedroom distribution. Affordable housing units shall be included within the age-restricted component of the development and shall include at least thirty (30) age-restricted affordable units, but no more than thirty-two (32) age-restricted affordable units.
(b)
The affordable units shall have a minimum thirty (30) year deed restriction. Any such affordable unit shall comply with UHAC, applicable COAH affordable housing regulations, the Fair Housing Act, any applicable order of the Court, and other applicable laws.
(c)
The units shall meet the bedroom distribution for family and age-restricted units as required by the Uniform Housing Affordability Controls.
(d)
The low and moderate income rental units required to be provided by the developer, as noted herein, shall be distributed among the buildings proposed.
(e)
The developer shall be responsible for retaining a qualified Administrative Agent, as approved by the Township, at the developer's sole cost and expense.
8.
Circulation and Off-Street Parking Requirements.
(a)
Parking shall be provided in accordance with RSIS. No parking space shall be used for the storage of goods and materials.
(b)
Tandem parking is permitted under the building when dedicated and/or reserved. However, no more than sixty (60%) percent of the parking space under any one building may be tandem.
(c)
Off-Street Parking and Loading facilities and standards shall be in accordance with Off-Street Parking and Loading, § 24-3.7.
(d)
All parking spaces shall measure no less than nine (9') feet in width by eighteen (18') feet in length.
(e)
All lighting for off-street parking areas shall be so arranged and shielded as to reflect the light downward and prevent any light from shining directly on adjoining streets, single-family detached residential zones and single-family detached homes.
(f)
Parking lot lighting shall provide a maintained minimum average of one-half (0.5) footcandles.
(g)
Within surface parking lots one (1) landscape island shall be provided for every twenty (20) parking spaces. Said landscape island shall contain a minimum of one hundred sixty (160) square feet. At least half of the landscape islands shall contain a shade tree and other landscaping; the remainder shall contain shrubs.
(h)
Right-of-Way Requirements.
(1)
For the non-residential component of the area, the right-of-way and pavement widths of all internal streets, roads and vehicle-traveled ways, whether public or private, shall be determined from sound planning and engineering standards in conformity to the estimated needs of the full proposed development and the traffic to be generated thereby. They shall be adequate in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of fire-fighting and police vehicles.
(2)
For the residential component of the area, all streets and roads, either dedicated public streets or privately owned and maintained, or any combination thereof, shall be subject to all Township ordinances as well as the laws of the State of New Jersey with regard to construction. The developer's private internal road network shall comply with RSIS.
(3)
The Board shall be guided by the following criteria of street grades but shall have the authority to modify same where exceptional circumstances warrant: six (6%) percent for major and arterial streets and ten (10%) percent for collector and local streets. Exceptions to these limitations shall be made after review and written approval by the Township Engineer and Planning Consultant.
(4)
When deemed necessary by the Board, the applicant shall provide a continuous street circulation system with adjoining land areas.
(5)
For the non-residential component of the area, sidewalks shall be required along all streets and roads, whether dedicated public streets or privately owned and maintained, or any combination thereof. Sidewalks shall have a minimum width of four (4') feet.
(6)
Where an Official Map or Master Plan, or both, have been adopted, the proposed street system shall conform to the proposals and conditions shown thereon except as may be modified by the Board or governing body, as provided by law.
(i)
Right-of-Way improvements.
(1)
Monuments, street names and other traffic control devices, shade trees, streetlights, sidewalks, curbs, fire hydrants and all aspects of street construction as well as other improvements shall be subject to local ordinance requirements and Township Engineer approval.
9.
Building Design.
(a)
No single building shall have a street-front length of more than two hundred seventy (270') feet.
(b)
Building wall offsets, including both projections and recesses, shall be provided along any street-facing building wall measuring greater than fifty (50') feet in length in order to provide architectural interest and variety to the massing of a building and relieve the negative visual effect of a single, long wall.
(c)
The maximum spacing between such vertical offsets shall be forty (40') feet. The minimum projection or depth of any individual vertical offset shall not be less than eight (8") inches.
(d)
Vertical offsets can include pilasters, projecting bays, changes in facade materials and balconies.
(e)
The architectural treatment of a facade shall be completely continued around all street-facing facades of a building. All sides of a building shall be architecturally designed to be consistent regarding style, materials, colors and details.
(f)
If the building has a flat roof, a parapet shall project vertically to hide any roof-mounted mechanical equipment.
(g)
Roofline offsets shall be provided along any gable roof measuring more than fifty (50') feet in length.
(h)
All entrances to a building shall be defined and articulated by utilizing such elements as lintels, pediments, pilasters, columns, porticos, porches, overhangs, railings, balustrades and other such elements, where appropriate.
(i)
Building facades visible from any street shall consist of durable, long-lasting materials such as brick, stone, cast stone, Hardie plank or other high-quality material.
(j)
Tenant refuse collection systems shall be inside all residential buildings. Outdoor dumpsters are permitted so long as they are screened on three (3) sides by a masonry wall and the gate(s) is composed of a sturdy, solid material.
10.
Landscaping.
(a)
All landscaping is subject to compliance with the Township's Landscaping and Buffer requirements, § 22-6.5.
(b)
Landscaping shall be provided to promote a desirable visual environment, to accentuate building design, define entranceways, screen parking areas, mitigate adverse visual impacts, provide windbreaks for winter winds and summer cooling for buildings, and enhance buffer areas. Plants and other landscaping materials shall be selected in terms of aesthetic and functional considerations. The landscape design shall create visual diversity and contrast through variation in size, shape, texture and color. The selection of plants in terms of susceptibility to disease and insect damage, wind and ice damage, habitat, soil conditions, growth rate, longevity, root pattern, maintenance requirements, etc., shall be considered.
(c)
Site entrances and unique areas shall have special landscaping treatment. Flowerbed displays are encouraged.
(d)
A minimum of thirty (30%) percent of the plantings proposed shall be indigenous to the region.
(e)
Foundation plantings shall be provided at all buildings. These plantings shall include species that provide seasonal interest at varying heights to complement and provide pedestrian scale to the proposed architectural design of the buildings. The foundation planting shall incorporate evergreen shrubs and groupings of small trees in order to provide human scale to building facades and winter interest.
11.
Traffic Improvement and Recreational Fee. The developer(s) of MUD-2 District shall pay the Township for off-tract traffic improvements and recreation improvements to be made within the Township in accordance with the tables below. A pro rata amount of the fee shall be paid by the developer to the Township when a building permit and certificate of occupancy is issued for residential units or for the tenant fit out of non-residential square footage. Fifty (50%) percent shall be due when building permits are issued, and fifty (50%) percent shall be due when certificates of occupancy are issued. The contributions by the developer(s) to pay this fee shall be in addition to any traffic improvement required by the New Jersey Department of Transportation for the inclusionary mixed-use development, which the developer shall install at its own cost and expense. The Township shall have the discretion to allocate the fee between traffic improvements and recreational improvements within the Township.
Non-Residential Table |
|---|
All Retail Development |
0-200,000 square feet: No Fee |
200,001-300,000 square feet: $10 per square foot not to exceed a fee of $1,000,000 |
All Industrial/Office Development |
0-300,000 square feet: No Fee |
300,001-500,000 square feet: $5 per square foot |
500,001-1,000,000 square feet: $2.50 per square foot |
Combination of Retail/Industrial/Office Development |
If 200,001 square feet of retail or 300,001 square feet of industrial space (or more of either use) is proposed, any additional retail use beyond 200,001 square feet shall have a fee of $10 per square foot and any additional industrial use beyond 300,001 square feet is in accordance with the "All Industrial/Office Development" |
Residential Table |
|---|
$3,750 per unit including affordable units, not to exceed $3,000,000. |
12.
Site access. Vehicular access to and from the MUD-2 District shall be subject to the review and approval of the Township Police Chief. No vehicular access shall be permitted on the bridge located to the east of the District.